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Psychosocial Harm in Workplace Performance Management NZ | Caroline Silk

  When Process Causes Harm: Psychosocial Risk in Workplace Performance Management There’s an increasing focus in workplaces on psychosocial harm. Often, that gets talked about in the context of bullying or workload. But one area that doesn’t get as much attention is the harm that can arise from the way performance management processes are handled. And this is where employers can unintentionally create risk. Not just an employment law issue This isn’t just about employment relations law. There is also a health and safety aspect to this. Under the Health and Safety at Work Act, employers have obligations to manage risks to employee health, including psychological harm. So the way a process is run can have implications beyond whether it is procedurally fair. We are already seeing cases overseas where employers are being held to account for psychosocial harm caused by workplace practices. That is likely to become more relevant here over time. The process still mat...
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Employment Relations Amendment Act NZ (2025–2026) Explained

  Employment Relations Amendment Act NZ (2025–2026): What Employers Need to Know – by Caroline Silk, Barrister and Mediator Last updated: 27 February 2026 The Employment Relations Amendment Act has now received Royal Assent and is law, introducing significant NZ employment law changes for 2025–2026. On the surface, some of these changes may look straightforward. In some cases, they may even appear favourable. In reality, there are fish hooks in each of them. Whether you are an employer, employee or contractor, it is important to understand how these amendments now operate in practice and how they may affect your existing arrangements. Contractor vs Employee – The New Gateway Test in NZ One of the most talked-about changes is the new statutory “gateway test” for determining whether a worker is genuinely an independent contractor. This follows recent cases, including the Uber driver decisions, where the Court looked beyond the label in the written contract and assessed th...
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The Holidays Act Overhaul – What Employers Need to Know

  The Holidays Act Overhaul – What Employers Need to Know Over the past few years, the Holidays Act has been under constant scrutiny for being complex and difficult to apply. Many New Zealand employers have struggled to stay compliant, often through no fault of their own—because the current calculations are confusing and inconsistent. Now the Government has announced the   biggest shake-up of the Holidays Act since 2003 . While the reforms aren’t yet law, they signal major change for every employer once the new legislation is introduced. Why the overhaul? The current Act has long been criticised for inconsistency. Each type of leave—annual, sick, bereavement, and public holidays—is calculated in different ways, depending on employment type, hours worked, and pay structure. The goal of the   Holidays Act reform  is to simplify this system so both employers and employees can understand and apply it correctly. What’s proposed According to the   Ministry of Business...
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